Tam2

Foley v. Special School District of St. Louis city United States Court of Appeals, Eighth Circuit Argued January 15, 1998 - Decided August 14, 1998

Background: Clare Foley is an eleven year old mildly retarded student at St. Peter’s Catholic School. Her parents placed her in the private religious school but requested that the Special School District fund and provide the necessary occupational and physical therapy that an evaluation team determined she was eligible under IDEA. The problem is that the student would have to be transported to the public school for therapy in the dual enrollment program. The parents accepted this arrangement but were not pleased, so they filed suit to compel the SSD to provide these services at the private school where they voluntarily placed their child. Decision/Rationale: The Court held that the local educational agency is not required to fund services for an individual student when free and appropriate public education is made available to the student. In this case the parents chose to place Clare in the private religious school. Implication: Educators must be aware of the laws concerning IDEA. Private school services will be funded by the local educational agency if the student is placed there voluntarily after being offered free appropriate public school services. Questions: Parents have the right to choose the schools that they wish their children to attend, and whatever services that are required by IDEA will follow the student to private schools even if appropriate free public school is available. **T/F**
 * (F) **
 * Tam Walker **